Allocation of four community radio broadcasting licences for ... - ACMA

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Application process Section 80 of the Act requires the ABA to advertise for applications for community broadcasting licences which use the broadcasting services bands: 14 (1) Where the ABA is going to allocate one or more community broadcasting licences that are broadcasting services bands licences, the ABA is to advertise, in a manner determined by the ABA, for applications from companies that: (a) are formed in Australia or in an external territory; and (b) represent a community interest. (2) The advertisements are to include: (a) the date before which applications must be received by the ABA; and (b) a statement specifying how details of: can be obtained. (i) the conditions that are to apply to the licence; and (ii) the licence area of the licence; and (iii) any priorities that the Minister has, under subsection 84(1), directed the ABA to observe in the allocation of that licence or licences; (3) Applications must be in accordance with a form approved in writing by the ABA. The ABA has developed ABA Form 32 for the purposes of licence applications. A copy of the ABA 32 completed by the applicants for the Melbourne licence allocation is found at Appendix F. Allocation of community radio licences Section 84 of the Act states: (1) The minister may give directions to the ABA to give priority to a particular community interest or interests, whether generally or in a particular licence area, in allocating community licences that are broadcasting services bands licences. (2) In deciding whether to allocate a community broadcasting licence that is a broadcasting services bands licence to an applicant or to one of a group of applicants, the ABA is to have regard to: (a) the extent to which the proposed service would meet the existing and perceived future needs of the community within the licence area; and (b) the nature and diversity of the interests of that community; and (c) the nature and diversity of other broadcasting services (including national broadcasting services) available within that licence area; and
(d) the capacity of the applicant to provide the proposed service; and (e) the undesirability of one person being in a position to exercise control of more than one community broadcasting licence that is a broadcasting services bands licence in the same licence area; and (f) the undesirability of the Commonwealth, a State or a Territory or a political party being in a position to exercise control of a community broadcasting licence. The Minister has not given directions to the ABA pursuant to subsection 84(1). The ABA, in making its allocation decisions, took each of the matters set out in subsection 84(2) into account as well as additional relevant matters specified in this report. When determining other additional relevant matters, the ABA was guided by the scope and purpose of the Act. The ABA has made separate comparative assessments of competing applicants for the Melbourne-wide and Melbourne City licences and decided which amongst the applicants will be allocated a community radio licence. The process has required the ABA to assess a wide range of evidence pertaining to those matters and to give appropriate weight to those matters. Information gathering powers of the ABA The information gathering powers of the ABA are set out in Part 13 of the Act, which makes particular reference to the use of hearings and investigations, for the purpose of the ABA exercising its powers and functions under the Act. Subsection 168(1) relevantly states that: (1) in informing itself on any matter relevant to its functions, the ABA: (a) may consult with such persons, bodies and groups as it thinks fit, and may form consultative committees for that purpose; (b) may conduct investigations and hold hearings; and (c) may otherwise inform itself in any manner it thinks fit. Section 169 of the Act states: In making a decision on any matter, the ABA is not limited to a consideration of material made available through an investigation or hearing conducted in relation to the matter, but may take into account such other matters as it considers relevant, including the knowledge and experience of the members. Division 2 deals with investigations. At section 170 it is stated that: The ABA may conduct investigations for the purposes of the performance or exercise of any of its functions and powers 15
Page 1 and 2: Allocation of four community radio
Page 3 and 4: ISBN 0 642 27039 2 © Commonwealth
Page 5 and 6: Disadvantaged community............
Page 7 and 8: 3CCFM Association Inc .............
Page 9 and 10: CHAPTER 1: BACKGROUND Melbourne Lic
Page 11 and 12: The hearing was held at the Melbour
Page 13: (ii) deal effectively with breaches
Page 17 and 18: An understanding of the other broad
Page 19 and 20: In determining the meaning of capac
Page 21 and 22: CHAPTER 3: ASSESSMENT OF THE APPLIC
Page 23 and 24: Having considered the relative meri
Page 25 and 26: Country music community Nu Country
Page 27 and 28: 15 years of age. The survey found t
Page 29 and 30: oadcasts one hour (Evenings with Jo
Page 31 and 32: 3RRR is youth and student focussed,
Page 33 and 34: In its application, CBL stated that
Page 35 and 36: Members of JOY’s Board have exper
Page 37 and 38: New-Gen Radio Inc Full membership o
Page 39 and 40: All of the current office bearers o
Page 41 and 42: Whilst VMCIS’s Rules do not restr
Page 43 and 44: These estimates contrast with the p
Page 45 and 46: Technical capacity On the basis of
Page 47 and 48: terms of age, gender, cultural ethn
Page 49 and 50: • to be informed about access to
Page 51 and 52: Community Broadcasting Code of Prac
Page 53 and 54: Nu Country’s proposed programming
Page 55 and 56: The South Eastern Indigenous Media
Page 57 and 58: content, regulate program productio
Page 59 and 60: Conclusion Having considered the ma
Page 61 and 62: The ABA notes that the majority of
Page 63 and 64: The ABA notes that there has been a
Page 65 and 66:
concerns that the small membership
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Which licence should be allocated t
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strong indication that the majority
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the Melbourne licence area to serve
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purposes; have attained the age of
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In view of the lack of details rega
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MELBOURNE CITY LICENCE Executive Su
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Dance music community KISS FM has d
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programs, most notably 12 hours eve
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with programming, technical matters
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Pulse FM is managed by a committee
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training committee will be establis
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At the licence allocation hearing,
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Other programs include focusing on
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VMCIS intends to provide a service
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Whilst JOY referred to figures prov
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music. Although there is some count
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3CCFM also indicated that Chai Fong
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In the ABA’s view, City FM has no
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3AC’s program content includes in
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3CCFM ASOCIATION INCORPORATED [3CCF
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CATHOLIC BROADCASTING LTD [CBL] CBL
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CBL estimates it has $750,000 to es
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City FM has spent a total of $59,16
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with membership, programming and un
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HOT FM CURRENT CHART RADIO INCORPOR
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membership fees of $40,000, CD sale
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As of 16 July 2001, JOY had 1,867 i
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KISS FM INCORPORATED [KISS FM] KISS
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Its operational costs are estimated
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Laugh Radio believes that there is
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MELBOURNE GOSPEL RADIO INCORPORATED
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MGR has conducted 12 temporary comm
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Pulse FM believes that there is a n
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will continue to monitor such needs
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at the members’ meetings, standin
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RADIO 3SA SUBURBAN RADIO INCORPORAT
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139
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individuals (57), businesses (17),
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STUDENT YOUTH NETWORK INCORPORATED
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from the DEET and intends to approa
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epresentatives of these organisatio
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THE VICTORIAN MUSLIM COMMUNITY INFO
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VMCIS has two operational studios w
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Triple Seven provides details of th
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APPENDIX B Census data relating to
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APPENDIX C Census data relating to
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APPENDIX D Existing broadcasting se
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3LO (774 kHz) 3ABCFM (105.9 MHz) Me
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3WBC (94.1 MHz) Camberwell 3WYN (88
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CODE NO. 2 Guidelines for general p
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(b) not less that 10% Australian mu
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CODE No 7 Handling complaints The p
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APPENDIX F Application for a commun
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Section 1 - Licence details * Pleas
Page 175 and 176:
Section 3 - Company status 12. Prov
Page 177 and 178:
Section 4 - Previous temporary broa
Page 179 and 180:
Community participation 37. In what
Page 181 and 182:
Section 6 - Capacity to provide the
Page 183 and 184:
54. Provide details of services, fa
Page 185 and 186:
Staffing details 67. Provide a tota
Page 187 and 188:
Section 8 - Other matters 75. (i) P
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